How Does South Carolina Handle Repeat Offenders?

When a person commits multiple offenses of the same crime, the individual can expect to face harsher penalties for each subsequent offense. Take, for instance, driving under the influence. While you may think that having a couple of drinks does not mean that you are drunk, think again. It only takes two drinks in a one-hour timespan for a 100-pound individual to reach a blood alcohol concentration (BAC) of 0.08 percent. If you have a habit of enjoying a good time, you may find yourself facing harsher penalties for each subsequent offense.

No matter the type of crime, our criminal defense lawyers in Conway, SC, would like to discuss potential penalties and the importance of working with experienced counsel.

DUI Penalties for Repeat Offenders

Given the widespread issues caused by impaired drivers, if you have any prior DUI convictions, you can expect severe penalties for subsequent offenses. South Carolina imposes the following penalties for repeat DUI offenders:

Fourth-Time or Subsequent DUI Offender

According to South Carolina Code §56-5-2930(4), as a fourth-time DUI offender, you will be sentenced to between one to five years in jail. If you have an elevated BAC, this sentence will be raised to three to seven years. Following a fourth DUI, your license will be permanently revoked.

Habitual Traffic Offender Charge for Multiple DUIs

South Carolina law has a habitual traffic offender charge that applies to individuals who have accumulated 10 or more traffic violations or three or more various convictions within a three-year period. If convicted, you could be imprisoned for five years and lose your driving privileges permanently.

Three Strikes Laws

In South Carolina, if you have two or more felony convictions for serious or violent crimes, the third strike will typically result in life in prison without the possibility of parole. A violent, “serious,” or “most serious” crime would count toward the first two strikes, but the threshold is usually much lower for the third.

South Carolina Criminal Procedures defines a serious offense to encompass the following crimes:

• Lynching in the second degree
• Domestic violence of a high and aggravated nature
• Insurance fraud
• Drug trafficking
• Embezzlement of public funds

Under state law, the most serious offenses include:

• Attempted murder
• Voluntary manslaughter
• Criminal sexual conduct
• Burglary
• Kidnapping
• Armed robbery

Under the “three strikes” federal law (18 U.S.C. §3559(c)), known as the Violent Crime Control Act, the defendant will receive mandatory life imprisonment for a serious violent felony if he or she has been convicted on prior occasions of two or more serious violent felonies or at least one serious violent felony and one or more serious drug offenses.

Skilled Counsel in Negotiating a Plea Bargain

In a plea bargain, you can receive a lesser sentence in exchange for pleading guilty on reduced charges, like reducing a DUI to a reckless driving charge. A plea bargain takes the guesswork out of your punishment, which would be the case if the decision was left to a jury of your peers. Negotiating a plea bargain requires experience, skill, and persistence, all values that you will find in our Conway criminal defense attorney.

Reach Out to Our Criminal Defense Attorney in Conway, SC, Today

Stricter penalties apply when a person has committed multiple offenses. If you have been charged with driving under the influence, attempted murder, insurance fraud, or anything in between, do not hesitate to contact our Conway criminal defense lawyer at The Law Office of Brad C. Richardson. To schedule your consultation, contact us online or by phone today.